The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1887-04-21
fHs INTERSTATE LAW.
Definition of It's ACKNOWLEDGEMENTS
Must be Made to Secure q DeSsion-<The
law SnOuld he 4 fharalIy.

+, COMMISSION, the immediate matters select
ed to which to append the opinions OF the
Commission only affecting the interests Of
limited classes, but the opinions themselves
covering in certain respects, interpreta-
tions of the Interstate Commerce law and
determinations respecting the extent Of the
powers with which the Commission deems
itself charged!
INTERSTATE CONdtfsCE COMMISSION WASH
fNGT0N, April le.=En the matter of the petition
| Of the Order OF Railway Conductors. In the
matter Of the petition Of the Traders and Trav
elers' Union. An application IN Writing has
been made to the Commission for its answer to
the following questions propounded on behalf
OF the Order of Railway Conductors:
First-Are railway companies prohibited from
/ issuing free transportation TO the immediate
families Of employees Of their own railways!
| SeCOnd-Are railway companies prohibited
from issuing free o. reduced transportation to
officers Of associations composed exclusively of
railway employees while those officers are tenn
| porarily out OF railway service and exclusively
employed by these assocationss
Third-May railway companies issue passes
to employees Of other railways on the applica-
| ton Of the employe, or must such application
S6tns from the officer OF the company by which
he Is empi6Sed9
Fourth-May railway conpsniss issue free or
| reduced transportation to those who Make rail.
way service their business or trade while tenn
porarily out OF employment and in search of q
situationf
Fifth-May railroad companies provide free
transportation for delegates TO the annual con-
ventions Of an association composed exclusives
~ of railway employees upon certificate from
the officers of the association that they are
such representatives.
Sixth-H free transportation may be fur
hished 10 Representatives described in question
five, must all stch Representatives be actually
in the employ of SOME faifHsy or may 1t include
those who may be temporarily brt 81 employ
ment and those temporarily engaged in Uther
employments as officers Of such associatiOnsf
Seventh-If free transportation is provided
for the Delegates described in question five,
may il include mefnteys Of the immediate fam
lilies Of delegates
Eighth-f free transportation OF reduced
rates are provided for the representatives OF
any one association, must the same be extended
to all others which are composed exclusively
OF railway employees on application.
Another application has been made to thu
Commission on behalf of the Traders and Trav
elers' Union, stating the system under which
IN additional allowance Of free baggage has
heretofore been carried by commercial travel
ers subject to written agreement for registry
and naturalization, which system the Commits
sion is requested to examine carefully ''snd ad-
wise US if there is any reason why railroad
company desiring to dc so should not enter into
such an arrangement to grant Under stated
terms an increased allowance Of free bag
gage"
These two petitions, presented by highly re-
spectacle organizations and raising questions
of immediate practical importance, af5 repre-
sentative Of large number of similar applic3=
tions which have been made to the Commission
for its construction of provisions Of the ''act to
regulate commerce" as applied to the various
points ut which those provisions touch the GUS
toms of the past. They have been selected
Simply ss they indicate the general character OF
all and enable the Commission 20 announce
certain conclusions 70 which it has arrived re-
speeding its jurisdiction aid its powers.
It is obvious from the tenor 81 stch applica-
tions as these. which reach US by efsfy Hiaili
that the impression is generally prevalent that
this Commission has the power to construe, in
terpret and apply the law by preliminary
Judgment. We are continually appealed to
for decisions in advance as to whether
common carriers said TO be willing to adopt
certain methods Of dealing with respect
TO inter State eoItimeree, can do so without sub
jecting themselves to the penalties provided by
the statute for violating its provisions. A care
full reading of the ''act 10 regulate commerce."
under which this Commission is organized, Will
show to the petitioners and others who have
made similar application that no jurisdictioa
has been given us TO answer questions like
those under consideration. An expression OF
our opinion on these subjects at this time, be-
ing neither duty imposed nor a power con-
ferred by the statute; would carry with it no
judicial efficacy or sanction; in fact would be no
more useful to the public or the carriers than
the opinion Of other men upon the same points.
Two sections of the law confer power upon
the Commission to entertain and decide appli-
cations and petitions. Section empowers us,
Upon application by a common carrier, to au-
thorize such common carrier in special cases to
charge less for longer than for shorter distances
over the same line, and also to prescribe the ex-
tent Of relief the operation Of the former part Of
the same section which designated common
carrier may from time to time enjoy. A large
number of petitions have been filed under this
section, the consideration Of which is at this
time engaging the attention of the Commission,
nnd nothing said in this opinion is to be treated
as in any manner bearing thereon. 1t is obvious
that applications like these of the railway con-
ductors and the Traders and Travellers Union |
have no relation Whatever to the duties imposed |
upon US by section 4. And this Is the only sec |
tion OF the law which the Commission has power |
70 suspend or relax.
Section 10 authorizes complaints to the Com |
mission and confers jurisdiction to entertain the |
same. 1t provides that any person complain !
ing of any thing done or omitted to be done by |
any common carrier subject to the provisions Of |
this act in contravention of the provisions |
thereof may apply to said Commission by petit |
tiOn which shall briefly state the facts" Notice |
and opportunity for answer having been given, |
unless satisfaction is made, an investigation Is /
required. Upon such an investigation the Com
mission will necessarily entertain the considera
tion Of the question whether the conduct COM
planned Of is or is not in contrayention OF the
provisions OF the law, and If it so adjCdges it Is
authorized to issue q notice enIoining the
carrier from further violation OF the law and to
award reparation for the injury done, or BOTH
But neither the railway conductors nor Traders
and Travellers Union complain that any COM
mon carrier has violated the law. On the con-
trary, they both aver that the railroad COM
panies dc not now violate the law and do not
wish to 40 so. The conductors say that they
hear they will not receive passes as heretofore,
and the traders and travellers say that they fear
travellers will not be allowed free
for 80 pounds Of extra baggage
rs was allowed last year. The present COM
plant is not of any thing done or omitted in
contravention OF the provisions Of the law.
II a railroad company should issue pass to
conductor and his family to attend the ap
convention or should transport 800
pounds of baggage free for a commercial travel
er under tho registry and indemnity system, and
some person feeling aggrieved should make
complaint Of unjust discrimination, it would
then be proper for the Commission TO enter
lain the question Of whether such conduct was
DR. was not in violation of the law, and IL so
whether it was or was not within the exceptions
stated within section q.
Complaints may also be presented II the
charges made by the carriers are not considered
and Just. But until questions OF
his kind come before US in the way clearly in
Heated by the statute, it would be worse than
useless for us to express opinions or give adj
Uae L. Lar Irao l
,pen TO the charge Of assuming unwarranted
but also run great risk Of involving